LABITA v. ITALY JUDGMENT 35 Others v. the United Kingdom, 25 March 1983, Series A no. 61, p. 32, § 84; Campbell v. the United Kingdom, 25 March 1992, Series A no. 233, p. 16, § 34; Calogero Diana cited above, p. 1775, § 28; Domenichini cited above, p. 1799, § 28; and Petra v. Romania, 23 September 1998, Reports 1998-VII, p. 2853, § 36). A. “In accordance with the law” 1. Periods from 21 April 1992 to 20 July 1992, 15 September 1993 to 21 February 1994 and 13 August 1994 to 13 November 1994 180. The censorship of the applicant's correspondence during the aforementioned periods was ordered by decisions of the Trapani District Court and was based on section 18 of Law no. 354 of 1975 (see paragraphs 54 and 58 above). However, the Court sees no reason to disagree with the Commission's view that, despite being based on that provision, the censorship of the applicant's correspondence did not comply with Article 8 of the Convention. 2. Period from 20 July 1992 to 15 September 1993 181. During this period, the censorship was based on an order of the Minister of Justice made pursuant to section 41 bis of Law no. 354 of 1975 (see paragraphs 55-56 above). 182. The Court notes that the Italian Constitutional Court, relying on Article 15 of the Constitution, has held that the Minister of Justice had no power to take measures concerning prisoners' correspondence and had therefore acted ultra vires under Italian law (see paragraph 102 above). The censorship of the applicant's correspondence during this period was therefore illegal under national law and was not “in accordance with the law” within the meaning of Article 8 of the Convention. 3. Period from 21 February 1994 to 10 June 1994 183. There was no legal basis for the censorship of the applicant's correspondence during this period (see paragraph 59 above). 4. Conclusion 184. In conclusion, the various measures complained of by the applicant regarding the censorship of his correspondence were at no time “in accordance with the law” within the meaning of Article 8 of the Convention. There has therefore been a violation of that Article.

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